Forensic Investigation of Homicide or Bodily Injury of a Newborn by His Mother

Abstract

In criminal law from Romania, the offense of homicide or bodily injury of the newborn committed by the mother is a special mode of homicide, with specific sanctioning rules in conditions of physical or psychological disorders. In our country, the term of homicide of a newborn has a narrower meaning than the term infanticide. Infanticide refers to murder a child and is considered in the laws of other states as a form of qualified murder. The homicide of the newborn does not refer to the suppression of the life of any child, but only to the homicide of his newborn by his mother, immediately after birth but no later than 24 hours. Forensic investigation involves expanded and complex activity, caused usually by the mother's actions from the moment of birth time to the moment of mutilation, hiding or abandoning the corpse. It is necessary to reconstruct the crime scene by identifying the place where the birth occurred, where the mother committed the offense, the area where the newborn corpse was discovered, parts of the body or traces that indicate that it was incinerated, buried, devoured by animals and so forth. Very important as well is the identification of the trail between the place of birth to the one where the corpse was abandoned or hidden, the place where the tools used to commit the crime were discovered, objects that were used at transporting the corpse or suppressing the life of the newborn as well as issues related to the legal medicine.